Section 90SH — Family Law Act 1975: Specification in orders of payments etc. for maintenance purposes

(1) If: (a) a court makes an order under this Act (whether or not the order is made in proceedings in relation to the maintenance of a party to a de facto relationship in accordance with this Division, is made by consent or varies an earlier order), and the order has the effect of requiring: (i) payment of a lump sum, whether in one amount or by instalments; or (ii) the transfer or settlement of property; and (b) the purpose, or one of the purposes, of the payment, transfer or settlement is to make provision for the maintenance of a party to a de facto relationship in relation to the breakdown of the de facto relationship; the court must: (c) express the order to be an order to which this section applies; and (d) specify the portion of the payment, or the value of the portion of the property, attributable to the maintenance of the party. (2) If: (a) a court makes an order of a kind referred to in paragraph (1)(a); and (b) the order: (i) is not expressed to be an order to which this section applies; or (ii) is expressed to be an order to which this section applies, but does not comply with paragraph (1)(d); any payment, transfer or settlement of a kind referred to in paragraph (1)(a), that the order has the effect of requiring, must be taken not to make provision for the maintenance of a party to the relevant de facto relationship.